Ontario Deportation Risks After Criminal Conviction Lawyers

The conclusion of a criminal case is often just the beginning of a second, more daunting battle with the Canada Border Services Agency (CBSA). In Ontario, deportation (removal) is a real and present danger for any non-citizen convicted of a crime. The process is often swift, and the legal thresholds for removal are lower than many expect.

At Kazandji Law, we specialize in identifying Ontario deportation risks after criminal conviction before they become irreversible. We provide the assertive advocacy needed to interrupt the deportation pipeline and keep families together.

The Three Types of Removal Orders

If you are found inadmissible due to criminality, the Immigration and Refugee Board (IRB) can issue one of three orders:

• Departure Order: You must leave Canada within 30 days and confirm your departure with the CBSA.
• Exclusion Order: You are barred from returning to Canada for one to five years.
• Deportation Order: You are permanently barred from Canada. To return, you must apply for an Authorization to Return to Canada (ARC), which is rarely granted.

For convictions involving “serious criminality,” a Deportation Order is the standard consequence. This effectively ends your life in Canada permanently.

Mandatory Inadmissibility and the Loss of Discretion

For permanent residents, the danger lies in Section 36(1) of the IRPA. If you are convicted of an offence that carries a maximum 10-year sentence or receive a sentence of more than six months, you are deemed “inadmissible.”

Unlike a criminal judge, an immigration officer often has very little “discretion.” Once the criteria are met, the law often mandates that a removal order be issued. Our job is to prevent those criteria from ever being met by negotiating “immigration-safe” resolutions in the criminal court. We understand that a difference of a single day in a jail sentence (six months less a day versus six months) is the difference between having an appeal and being deported without recourse.

Serious Criminality: The 10-Year Maximum Trap

Many common offences in Ontario carry a maximum 10-year sentence, even if they are often resolved with minor penalties. These include:

• Assault with a Weapon or Assault Causing Bodily Harm.
• Theft Over $5,000 or Fraud Over $5,000.
• Possession of Stolen Property Over $5,000.
• Impaired Driving (DUI).
• Trafficking in a Controlled Substance.

If you are a PR holder and you plead guilty to any of these, you are technically admitting to “Serious Criminality.” Our Ontario Deportation Risks After Criminal Conviction lawyers work to have these charges amended to “Theft Under” or “Simple Assault” to remove the 10-year maximum trigger.

Which Crimes Can Get You Deported From Canada?

There is no master list of deportable crimes. The Immigration and Refugee Protection Act works on tests, and the test that applies to you depends on your status in Canada.

Permanent residents

For a permanent resident, the criminal ground is serious criminality under section 36(1). It applies after a conviction in Canada for an offence with a maximum sentence of 10 years or more, or after any federal conviction where the judge imposes more than six months of imprisonment. The charge on its own does not make you inadmissible. The conviction and the sentence do. Organized crime is dealt with separately, under section 37.

Work permit holders, students and visitors

The bar is much lower for foreign nationals. Under section 36(2), one conviction for any offence that can be prosecuted by indictment is enough, and so are two summary convictions that did not come from the same incident. Section 36(3)(a) treats a hybrid offence as indictable even when the Crown proceeded summarily. In practice, a first conviction for theft under $5,000 or simple assault can put a study permit or a work permit at risk.

Canadian citizens

A citizen cannot be deported for a crime. Under section 10 of the Citizenship Act, citizenship can only be revoked if it was obtained by fraud, by false representation or by knowingly hiding material facts. A criminal record, on its own, does not touch it.

Two Supreme Court Decisions That Change the Math

Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50. The Court held that a conditional sentence served in the community is not a “term of imprisonment” under section 36(1)(a). It also held that the 10-year maximum is measured by the law in force when the offence was committed, not by a tougher version passed later. Immigration officers are instructed to apply both points.

R. v. Pham, 2013 SCC 15. A sentencing judge is allowed to take deportation into account, as long as the sentence stays proportionate to the offence and the offender. In Pham, the Court took a single day off a two-year sentence because that day decided whether Mr. Pham kept his right to appeal his removal. Under today’s section 64(2), the line is six months of imprisonment, which is why we raise immigration status with the Crown and the judge before any plea or sentencing submission, not after.

Coming Back After a Removal Order

A deportation order does not expire. Under section 52 of the Act, you need written authorization to return. If Canada paid for your removal, you also have to repay the cost first: $3,840 for a removal without an escort or with an escort other than by air, and $12,880 for an escorted removal by air, under section 243 of the Immigration and Refugee Protection Regulations. An exclusion order is shorter. It keeps you out for one year, or for five years if it was based on misrepresentation.

FAQs: Working With Ontario Deportation Risks After Criminal Conviction Lawyers

Who is at risk of deportation in Ontario?

Anyone who is not a Canadian citizen is at risk. This includes Permanent Residents, refugees, international students, and foreign workers. Even people who have lived in Canada for 30 years can be deported if they haven’t obtained citizenship.

Can I be deported for a first-time offence?

Yes. If the offence is considered Serious Criminality (like a DUI or a drug charge), the CBSA can initiate removal proceedings even if you have no prior record.

What is a Deportation Appeal?

If you are a Permanent Resident and your sentence was less than six months, you can appeal a deportation order to the IAD. A sentence of six months or more, that is a term of imprisonment of at least six months, bars that appeal under s. 64(2) of IRPA. A successful appeal allows a member to stay the deportation for “equitable reasons.”

Will the CBSA come to my house to arrest me?

If a removal order is issued and you don’t leave voluntarily, the CBSA will issue a Canada-wide warrant for your arrest. They often conduct “at-home” arrests or pick people up at their workplace.

Can I apply for a Pre-Removal Risk Assessment (PRRA)?

If you are facing removal, you may be eligible for a PRRA. This is an evaluation of whether you would face torture, a risk to your life, or cruel and unusual treatment if returned to your home country.

Does having Canadian children stop deportation?

Not automatically. While the Best Interests of the Child is a factor in IAD appeals, it is not a total defence. The government can still deport a parent if the criminality is deemed serious enough.

What is a Danger Opinion?

In extreme cases, the Minister of Immigration can issue a Danger Opinion, stating that you are a danger to the public. This can strip away almost all your appeal rights and lead to immediate removal.

Can I be held in jail by the immigration department?

Yes. If the CBSA believes you are a flight risk or a danger to the public, they can hold you in an Immigration Holding Centre or a provincial jail indefinitely while they work to deport you.

What is a Stay of Removal?

A stay is a temporary pause on your deportation. This can be granted by the IAD or by the Federal Court if we can show that your removal would cause irreparable harm.

Does a pardon stop a deportation?

A Record Suspension (pardon) stops inadmissibility, but the process takes years. If the CBSA has already started the deportation process, a pardon application will not stop it.

Can I return to Canada after being deported?

If you were issued a Deportation Order, you are banned for life. You can only return if you obtain an Authorization to Return to Canada (ARC), which is a difficult and lengthy process.

Why should I contact Kazandji Law? Our Ontario deportation risks after criminal conviction attorneys offer an Immigration-Criminal Audit. We look at your status and your charges to find the exact path that keeps you in the country. We don’t guess; we use the law to protect your residency.

Acting Before the Order is Issued

The best time to fight a deportation is in the criminal courtroom, long before the CBSA gets involved. Once a removal order is signed, your options narrow significantly. Our Ontario deportation risks after criminal conviction lawyers work to resolve your criminal case in a way that preserves your dignity and your right to stay in the country you call home. Contact Us Now.